Wrongful Termination

Los Angeles Wrongful Termination Attorney

Assisting Clients with the Filing of Wrongful Termination Lawsuits in Pursuit of Justice and Financial Compensation

While many California workers are aware of basic employment laws to know that state and federal laws provide them with specific legal rights that protect them from workplace discrimination, wage and hour violations, sexual harassment, and other types of employment violations, there is often some confusion about what constitutes wrongful termination. Not every California worker has the right to sue their former employer after the employer fires them. However, in some instances, the terminated employee may have the opportunity to take legal action against a California employer if they have been unlawfully fired from their employment position. To ensure that the facts of your case constitute wrongful termination, it is highly recommended that you work with employment attorneys with the legal knowledge necessary to defend your interests both in and out of the courtroom.

If you believe you have a wrongful termination-based legal claim, please contact our Los Angeles law firm to schedule your initial consultation with employment law attorney Matias Castro. Los Angeles employment lawyer Matias Castro has extensive experience assisting clients with wrongful termination claims, retaliation claims, and other employment law cases. Our team will pursue justice and maximum compensation for your lost wages, emotional distress, and other economic or non-economic damages.

To learn more about our legal services and how we may assist you with your wrongful termination case, please contact our California law firm to schedule your initial consultation today.

Is California an At-Will Employment State?

Yes, California is an at-will employment state, meaning that at-will employees may be legally discharged from their employment for any reason. Even if your employment was terminated unjustly, that does not necessarily mean it was illegal. An experienced employment attorney like Matias Castro can clarify whether you have a wrongful termination case.

Employment at will is a legal doctrine that authorizes California employers to terminate their employees with or without cause at any time, provided that the termination does not violate state, federal, or public policies. Similarly, California employees can quit their jobs anytime, with or without reason.

However, there are exceptions to the at-will employment doctrine. Wrongful termination occurs when a California employer formally discharges or terminates a worker’s employment in violation of public policy, based on grounds of discrimination, as a retaliatory measure, or in breach of the employment contract.

When employees are fired or laid off for illegal reasons, this is called wrongful termination. The California Fair Employment and Housing Act makes firing or laying off an employee based on their protected class illegal. To learn more about wrongful termination, please contact our Los Angeles law office to schedule your case review today.

What Are the Differences Between Getting Laid Off, Fired, and Discharged?

When California businesses and companies lay off their employees, they formally terminate their employment as a matter of forward-thinking business strategy. When a California employer fires an employee or formally discharges them, this is typically due to the employee’s poor work performance or behavior on the job. Getting laid off may not be your fault, but getting fired usually reflects poor job performance, suspicious behavior, breaking company policy, or other justifiable reasons for ending employment.

Employees can be fired or laid off illegally, depending on the grounds of the termination. If you have been formally terminated, knowing whether it was a wrongful discharge can be difficult. An experienced employment lawyer can lend valuable legal assistance in this regard.

In some cases, employers who’ve created hostile work environments may only wait for their employees to quit instead of firing or discharging them. Additionally, some California employers offer attractive severance packages or other benefits to those willing to quit voluntarily. It is worth understanding that if you are forced to leave, you may have grounds for legal action against your employer. Before you quit, however, speak with an employment law attorney to discuss your legal options, as quitting may limit those options going forward.

What is Considered Wrongful Termination Under California Employment Law?

Wrongful termination refers to unlawfully dismissing employees in a fashion that violates state law, federal law, public policy, or the terms of an employment contract.

If you believe you have been wrongfully terminated, you may need to file a legal claim with the appropriate government agency. Your official complaint may be filed with the Civil Rights Division (CRD).

For other wrongful termination cases, you may not need to report illegal conduct to the CRD to file your lawsuit. Regardless of the legal action you plan to take, you must do so promptly, as there is a limited time to file a complaint with the CRD.

A California worker who has been wrongfully discharged may be able to recover unpaid wages, retirement benefits, emotional distress damages, and potentially other types of financial recovery.

What Are Common Grounds for Wrongful Termination Lawsuits?

There are several ways in which wrongful termination claims may come about. To ensure that you have a valid claim that will stand up in state or federal court, it is highly recommended that you seek the legal counsel of an experienced employment attorney.

The most common grounds for wrongful termination lawsuits in California include the following:

  • Discrimination based on a protected characteristic or class
  • Failure to provide proper notice before a mass layoff
  • Filing a safety complaint
  • Making wage or hour complaints
  • Opposing workplace harassment, including sexual harassment
  • Refusing to violate public policy
  • Reporting violations of California’s Fair Employment and Housing Act
  • Submitting a workers’ compensation claim
  • Testifying against an employer or member of management
  • Violation of an employment contract
  • Whistleblowing

If you have been fired after being the victim of workplace discrimination, including age discrimination, gender or gender identity discrimination, national origin discrimination, religious discrimination, disability discrimination, and other forms of discrimination, you may have a valid wrongful termination claim. Similarly, suppose you have been the victim of or witness to workplace harassment, or you have reported workplace accidents or safety violations. In that case, you may have a wrongful termination claim if you were laid off unlawfully or forced to quit. Contact our law firm to learn how you may recover economic or non-economic and punitive damages by filing a legal claim against your former employer.

Were You the Victim of Retaliatory Termination?

As a California employee, you have the legal right to perform certain protected acts without fearing that you could lose your job. For example, you have the right to report or oppose discrimination and harassment in the workplace, request a protected leave of absence, report illegal conduct to the human resources department, and refuse to engage in illegal or improper behavior.

California employers sometimes fire workers when they raise concerns about illegal conduct, including unlawful discrimination or harassment. Those fired in retaliation for taking protected steps to defend their well-being or the well-being of others in the workplace may have a legal claim for retaliatory termination.

You may have a case for wrongful termination if you’ve been fired for any of the following:

  • Assisting a former coworker with a wrongful termination or discrimination claim
  • Filing a complaint detailing unethical or illegal conduct of an employer, supervisor, or manager
  • Filing a sexual harassment complaint
  • Making a workers’ compensation claim
  • Performing military service
  • Reporting unsafe working conditions
  • Taking family or medical leave
  • Taking time off work to serve on a jury
  • Voting in an election
  • Whistleblowing

When is Wrongful Termination in Violation of Public Policy?

California law prohibits terminating a worker’s employment if it violates public policy.

Examples include the following:

  • Discharging employees because they exercise their legal rights
  • Formally terminating a worker’s employment because of that employee’s performance of a legal duty
  • It is illegal to terminate an employee because the employee reports statutory violations that affect the public
  • Terminating a California worker because the worker refused to violate the law

The grounds for wrongful termination based on violations of public policy and wrongful termination claims based on retaliation sometimes overlap. To learn more about the similarities and differences, contact our Los Angeles employment lawyer to discuss your case in more detail today.

What is a Constructive Termination or Discharge?

While most wrongful termination cases involve an employee’s actual firing or laying off, workers may be forced to quit or resign instead of being formally terminated in certain situations. Depending on the facts of the matter, you may still have the right to take legal action against your former employer. California law recognizes legal claims for constructive discharge or constructive termination.

Examples of constructive termination include the following:

  • Assigning a worker with tasks that involve dangerous working conditions, leading them to resign their post
  • Creating a hostile work environment that leaves an employee with no other option other than to quit
  • Demoting workers or writing unjustified bad performance reviews that prevent career advancement, forcing those workers to look elsewhere for employment
  • Repeatedly assigning a specific targeted employee undesirable tasks or shifts
  • Sabotaging an employee’s work, leading them to despair and eventually resign

Failing to prevent harassment or workplace discrimination against an employee may also be grounds for a constructive termination claim in Los Angeles, California.

What Are Common Damages Awarded to California Employees in Wrongful Termination Cases?

Successful wrongful termination lawsuits could net victims various forms of relief, including the following:

  • Attorney’s fees and reimbursement for court costs
  • Compensatory damages, including lost wages or benefits
  • Emotional distress damages for mental anguish or psychological damage
  • Punitive damages in cases of especially egregious conduct by the employer
  • Reinstatement to your former position of employment

The more substantial the evidence in your wrongful termination case, the better your chances of recovering maximum compensation. Valuable evidence for your claim may include employment documentation, past performance reviews, witness statements, etc. An experienced employment lawyer can help you decide what types of evidence are necessary for your lawsuit.

Contact our Los Angeles law firm to discuss your case in a no-obligation evaluation today.

Should You Accept a Settlement Agreement in Your Wrongful Termination Case?

Sometimes, California employers offer settlements to their former employees to avoid lawsuits. Unfortunately, we cannot offer legal advice on this website about whether you should accept the settlement without first reviewing the particulars of your wrongful termination case.

If you’ve been offered a settlement or severance package after being terminated and you believe you were wrongly discharged, we must recommend seeking the legal knowledge of lawyers experienced in California employment law.

Contact our North Hollywood law office to schedule a case evaluation with our legal team. Our passionate employment law attorney will review your case’s particulars and help you determine whether accepting the settlement offer is in your best interests.

Schedule a Consultation with an Experienced Wrongful Termination Lawyer in Los Angeles, CA, Today

Not everyone who’s been fired or laid off in California has a wrongful termination case worthy of financial compensation. If you believe you’ve been wrongfully terminated from your place of employment, we encourage you to contact our California law firm to discuss the particulars of your case with our legal team.

As your legal representative, our law firm will endeavor to help you recover a fair and full settlement and potentially reinstate you in your former place of employment. To learn more about our legal services and how we may assist you during this difficult employment law matter, please contact our North Hollywood law firm to schedule your initial consultation today.

You can get in touch with us by calling us at 310-750-2580.